This is a confirmation of right of residence for the non EEA family members of those EEA nationals who are exercising their treaty rights in one of the following ways:
Only family members of the EEA nationals can apply for the residence card and such an application can only be made while remaining in the UK. Once approved, the residence card is issued for a maximum of five years` time. Residence card holders get full rights of working in the UK and can apply for permanent residence upon completing five years of residence in accordance with the EEA regulations provided their EEA national family member continues to exercise their treaty rights in the UK.
There are two categories of family members i.e. Immediate Family members and Extended Family members. Following persons are considered as immediate family members of the EEA national:
Following are considered as extended family members:
The difference in both of these categories is that the immediate family members have got right to reside in the UK on the basis of their EEA national`s exercising his / her treaty rights in the UK while the extended family member have to meet a more strict criteria of prior residence with the EEA national out of the UK, financial dependency and other requirements.
Prior legal residence in the UK is not a requirement for this application and as such any one residing in the UK is able to make an application to obtain residence card, provided he can provide all the necessary documentary evidences to establish the relationship and the fact that his EEA national family member continues to exercise his / her treaty rights in the UK.
The EEA regulations may appear straight forward and simple but even a small mistake / omission may result in refusal or rejection of the application or dismissal of the appeal / judicial review claim, resulting in making it even more complex. It is therefore strongly advised to take professional representation and leave this matter in our capable hands.
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